Israel must take action to prevent genocide in Gaza. The International Court of Justice (ICJ) decided this on Friday (January 26), but without ordering the ceasefire demanded by South Africa.
The South African government filed a lawsuit against Israel at the United Nations’ highest court (ICJ) at the end of December, accusing the country of violating the 1948 United Nations Genocide Convention for its actions in the Gaza Strip since the October 7 Hamas attacks.
Both Israel and South Africa have signed the convention, which defines genocide as acts “committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such.”
The 17-member panel of the ICJ in The Hague found that “at least some of the acts and omissions committed by Israel in the Gaza Strip appear to fall within the provisions of the Genocide Convention.”
Israel must take interim measures to prevent genocide, to prevent and punish incitement to commit genocide, and to prevent the destruction of evidence. It must also eliminate the adverse living conditions in the Gaza Strip and allow humanitarian aid, according to the ruling.
Within one month, Israel must submit a report on all measures taken to implement this order. South Africa has the opportunity to respond to this report.
The ICJ did not order Israel to halt all military operations in Gaza, which was a key demand of South Africa.
However, Naledi Pandor, South Africa’s international relations minister, told reporters after the court’s decision: “I believe that there must be a ceasefire in the implementation of the decision.”
“Taking measures to reduce harm against people who have nothing to do with what Israel is fighting requires, in my opinion, a ceasefire, and I believe that Israel must pay attention to how it conducts its search for the hostages and for the Hamas members who carried out the October 7 attack,” she said.
Following the court ruling, Israeli Prime Minister Benjamin Netanyahu released a video address in which he declared that the genocide accusation leveled against Israel was not only false but also outrageous and that all sensible people should reject it.
Riad Maliki, Palestinian Foreign Minister, said shortly after the ruling that “the ICJ decision is an important reminder that no state is above the law.”
“It should be a wake-up call for Israel and the actors who have enabled its entrenched impunity. Palestine emphasizes its eternal gratitude to the people and government of South Africa for this bold step of active solidarity and will continue to work closely with South Africa and other countries to ensure that justice is done,” the minister said.
Reading the verdict, ICJ President Judge Joan Donoghue said: “Although the figures for Gaza cannot be independently verified, recent information suggests that 25,700 Palestinians were killed. Over 63,000 injuries were reported. More than 360 housing units were destroyed or partially damaged and approximately 1.7 million people were displaced within the area.”
“At this stage of the proceedings, the court is not required to determine whether Israel has violated its obligations under the Genocide Convention,” Donoghue said.
Sally Abi-Khalil, Oxfam Regional Director for the Middle East, said: “Oxfam welcomes the ICJ’s order and interim measures as a decisive step towards recognizing the ongoing atrocities in Gaza and ending the carnage and unimaginable horror of September 2, 3 million Palestinians have already had to suffer.”
Reactions in Germany and the EU
On Friday afternoon, the European Commission and EU chief diplomat Josep Borrell reiterated the EU’s support for the ICJ in a joint statement: “The decisions of the International Court of Justice are binding on the parties and they must comply with them. The European Union expects them to be implemented fully, promptly and effectively.”
“The right of each party to raise arguments of jurisdiction, admissibility or merits remains unaffected by today’s decision on South Africa’s application for interim measures,” the statement said.
Federal Foreign Minister Annalena Baerbock also reacted to the verdict.
“The International Court of Justice did not decide on the main issue, but rather ordered interim measures in the interim legal protection proceedings. These are binding under international law. But Israel must also adhere to this,” Baerbock said in a statement.
The ICJ also reminded that “Hamas is also bound by international humanitarian law and must finally release all hostages,” said the German Foreign Minister.
Already in January, Germany, Austria, the Czech Republic and France rejected South Africa’s demands following the two-day initial hearing.
“To accuse the Jewish state of genocide is to cross a moral threshold,” French Foreign Minister Stephane Sejourne said on January 17.
Slovenia supported another trial against Israel on January 16 for violating the rights of Palestinians.
Ireland and Belgium said they would support Friday’s ICJ decision.
“If the International Court of Justice calls on Israel to stop its military action in Gaza, our country will fully support it,” Belgian Development Cooperation Minister Caroline Gennez said on Friday.
[Bearbeitet von Alexandra Brzozowski]